Attorney Persida Acosta visits the freed farmers temporarily house at the organic farm owned by the diocese of Kidapawan. WILLIAMOR A. MAGBANUA/ FILE PHOTO
The Public Attorney’s Office (PAO) has asked the Supreme Court to declare as unconstitutional a provision under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 that prohibits plea bargaining causing congestion in prison and loss of billions on the part of the government.
Plea bargaining means an accused will plead guilty to a lesser offense with the consent of the prosecutor.
Under Section 23 of the Dangerous Drugs Act, “any person charged under any provision of [the Dangerous Drugs Act] regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.”
PAO Chief Persida Acosta said the provision violates the constitutional right to equal protection of the law.
“No reasonable classification exists to classify violators of the anti-drugs law from violators of other criminal laws, be it offenses listed in the Revised Penal Code or other special criminal laws…Are alleged violators of RA 9165 separate and distinct from persons accused of murder, rape, carnapping and so forth,” Acosta said in their petition.
She pointed out that those accused of murder, rape, carnapping and other heinous crimes are allowed to enter plea bargain but violators of the Dangerous Drugs Act especially the small-time drug pushers and users are prohibited.
“At the very least, if plea bargaining is indeed not allowable in violations of [the Dangerous Drugs Act], the prohibition should apply only to those drug offenses involving capital punishment,” Acosta said.
Acosta said there are over 82,000 inmates small-time drug offenders who are rotting in jail.
“Dapat mga (Those) small-time users or pushers should undergo rehabilitation,” Acosta said adding that those should remain in prison are the big-time drug pushers and drug lords.
She added that the government also spends P1.5-billion a year to feed the inmates but most of the budget goes to graft and corruption.
PAO took the issue to the Supreme Court after Legazpi City Regional Trial Court Branch 3 Judge Frank E. Lobrigo denied the request of Salvador A. Estipona Jr. to enter into a plea bargain agreement noting that the laws prohibit it.
Estipona was charged with violation of the Dangrous Drugs Act for possession of one sachet or 0.084 grams of shabu. RAM
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